New York Car Accident Lawyer Blog
Patricia Bono, driving her vehicle was hit by Philip Rose, who was driving his truck. This happened at the intersection of Boyle Road and Hawkins Road in the Town of Brookhaven. Mr. Rose’s truck hit the passenger side of the Ms. Bono’s vehicle. Around a week before July 16, 2007, Mr. Rose took his vehicle to Halben’s Tire City, Inc. because he was experiencing problems with his breaks. He left his vehicle there with the assurance that someone will call him to let him know what the problem was. At the time that he went back to get his truck, which was July 13, 2007, he was told that the vehicle needed more work done, and he would need to go back to have them do it. Mr. Rose said that when he took his vehicle, he was told that the breaks would be fine in the 2-3 days before he takes it back to them. He said that when he drove off it was okay. The second day after it a bit more difficult to break and on the third day of having the truck, which was the day of the car accident, he said that the break was failing. A reporter got hold of his testimony at his deposition that stated that he noticed he had problems stopping, but he eventually did prior to hitting Ms. Bono’s car.
A case was filed against Halben’s Tire City, Inc. also doing business as Theo’s Car Care Center. In the petition of Ms. Bono, she stated that Halben’s Tire City, Inc. was liable for her injuries because of their negligence. According to a witness, she alleged that their negligence showed in sending a dangerous vehicle on the rods without warning to the owner. They are saying that they violated their agreement with Mr. Rose as they did not fully repair the breaks of the vehicle.
There was no case filed against Mr. Rose because Ms. Bono has already settled her claim with Mr. Rose. The papers presented say that Mr. Rose gave $100,000, the full coverage of his insurance policy. This payment was the condition that released Mr. Rose from any other claims that may arise from the Brooklyn accident.
Halben’s Tire City, Inc. filed for a summary judgment to dismiss the complaint. They countered the allegation saying that they do not owe Ms. Bono a duty of care. A duty of care, says a rep, is a legal obligation whereby they should do an act that may cause to someone with reasonable care. They also stated that Mr. Rose’s vehicle was not preserved so it cannot be determined that the vehicle was negligently repaired. In addition, they submitted Mr. Rose testimony in his deposition to support their motion. It stated that he was advised that he needed a master cylinder replacement and new front tires. This was also supported by the receipt that they issued saying the same thing. They claim as well that when the vehicle was picked up, they mentioned that the brakes may fail.
The Bronx court says at face, it shows Halben’s Tire City, Inc. should be entitled to a summary proceeding, because they have shown that they are not obliged to a duty of care to Ms. Bono. Though this is a general rule, a Lawyer says, they also did not fit in the three exceptions provided by law. The evidence presented did not show that Halben’s Tire City, Inc. created a risk of harm to others with their repair. They did not make the vehicle less safe than before it got to them. The complaint was therefore dismissed.
When you do your best to be safe and also to ensure the safety of others, it will always come to you as a shock if you are involved in an accident not of your own doing. People get in a lot more road accidents than any other vehicular accidents but most still do not know what to do. New York Car Crash Lawyers are the one who take care of our interests in this case. They will file the necessary paper work and do the legwork for investigations to make sure we are covered.
If your vehicle was hit by another and damages are more than you can handle, call 1-800 NY – NY- LAW and set an appointment with Stephen Bilkis & Associates Car Crash Lawyers. They will handle everything from you and file all to complaints to have all responsible compensate you for the injury that they have caused.